Drunk in the car, listening to songs, unconsciously falling asleep, traffic police: "Drunk driving, revoked driver's license!" ”
"My car is not on the road, how can I be considered drunk driving?" To this end, Mr. Duan embarked on a long year of appeal.
The above incident stems from a real case in the Shijiazhuang Intermediate Court.
01. On Christmas Eve, the drunk car was investigated
On Christmas Eve, many people went to bars and song halls to hi pi, but Mr. Duan after 80 was alone in the car in his own community to start the car, playing double flash, turning on a big stereo, is he hi?
At midnight, the patrol police worried about Mr. Duan disturbing the people, in the past, the car door was locked, it turned out that Mr. Duan was sleeping, after knocking on the window, the police immediately smelled the pungent liquor, and handed it over to the traffic police.
The traffic police conducted an on-site alcohol breath test on Mr. Duan: 159mg/100ml; later blood test results: 189mg/100ml. Obviously, Mr. Duan has exceeded the drunk driving alcohol indicator.
At the scene of law enforcement, when the traffic police asked Mr. Duan where he drank, what kind of wine he drank, and how much he drank, Mr. Duan replied separately that he had "drunk wine in a **** restaurant in Weishui", "liquor drunk", and "drunk two or two".
When asked whether he could drive by drinking alcohol and "can drink two or two drinks like this", Mr. Duan replied that he drank nearby, thinking that the road was relatively close, and he drove back to the community with luck.
02, a long road to appeal
In the year since then, in order to strive for exemption from punishment, Mr. Duan has passed six levels in exhaustion:
(1) The first scene: make the "Certificate of Administrative Compulsory Measures for Public Security Traffic Management" and the transcript, signed by Mr. Duan, but indicate "there is an objection";
(2) Submit an administrative reconsideration to the county government: Dissatisfied with the "Certificate of Administrative Compulsory Measures for Public Security Traffic Management", apply for administrative reconsideration, and as a result, the county government maintains the compulsory error letter;
(3) On April 1, 2020, the traffic police brigade issued a "Decision on Administrative Penalties for Public Security Traffic Management", which decided to revoke Mr. Duan's motor vehicle driver's license;
(4) Submit an administrative reconsideration to the Municipal Public Security Bureau: On May 28, 2020, Mr. Duan was dissatisfied with the above administrative punishment decision and submitted an administrative reconsideration, and on July 6, 2020, the Municipal Public Security Bureau made a decision to uphold the punishment;
(5) Filing a lawsuit with the Qiaoxi District Court: After trial, the court revoked the administrative reconsideration decision and the administrative punishment decision;
(6) Responding to the lawsuit in the second instance of the Shijiazhuang Intermediate Court: On December 11, 2020, the Intermediate People's Court ruled to uphold the original judgment.
In the process of administrative reconsideration, Mr. Duan provided a piece of evidence: the alcohol addiction came up, poured the liquor into the empty mineral water bottle, drank it in the car, and provided a photo of the liquor in the car and a photo of the mineral water bottle, of which there was nearly one-third of the liquor in the mineral water bottle. Since the weather was cold, the car was started with a warm wind.
Regarding the self-certification evidence, Mr. Duan "has just been woken up with vague language" and "his sanity cannot meet the judgment standards of a normal person", so the first instance held that the validity of the evidence that he admitted to driving home from a hotel drunk was doubtful.
In the end, from the last Christmas Eve to the second trial, which lasted almost a full year, the incident was brought to an end.
03, 2020 Nanjing drunk driving king
Just 2 months after Mr. Duan's incident, Mr. Luo's behavior in Nanjing was frightening. According to the big data of drunk driving investigation and punishment in 2020, Nanjing Luo was awarded the throne of "drunk driving king".
On February 20, 2020, Luo drove a white Toyota sedan into a roadside cement pier near the tomb of Fan Hongxian on Zijinshan East Road, and then Luo fell asleep in the driver's seat.
After investigation, Luo Mou, 50 years old, has a blood alcohol content of up to 356.8mg/100ml.
According to Luo Mou's account, after drinking half a kilogram of liquor and three bottles of beer at home on the first night, he got up early in the morning of the same day to exercise, drove out at 5 o'clock, and 30 minutes later, the wine hit the cement pier next to the road.
We can only be amazed at this! Early in the morning, the blood alcohol content was 356.8mg/100ml, still drunk, he fainted and drove out of the car. Fortunately, there were few people in the morning, and there were no other casualties.
04. Position and displacement
Regarding Mr. Duan's drunk driving incident, a core reason for winning the case was that there was no evidence of Mr. Duan's "driving" at the scene, because the self-confessed drunk driving evidence was denied when enforcing the law at the scene.
There are three conditions for the judgment of drunk driving: blood alcohol content reaches a certain numerical standard, driving a motor vehicle, and driving on the road. It should be noted that the "driving" behavior mainly refers to the physical displacement that occurs after the vehicle is started. Even if the car is moved after drinking in the community, it is not allowed.
(Network pictures, pictures and text have nothing to do)
Regarding mr. Duan's drunk driving incident, some people have proposed that starting a motor vehicle after being drunk has brought potential danger to public safety, and if it is improperly operated, it will cause damage to public safety, which is in line with the legislative spirit of "drunk driving is criminal", so it is not improper to punish.
This view is easy to judge if a criminal preparation is introduced.
Article 22, paragraph 1, of the Criminal Law stipulates: "Whoever prepares tools or conditions for the purpose of committing a crime is a preparation for a crime." The preparation for the crime has the following characteristics: 1) the perpetrator subjectively has the intention to commit the crime; 2) the perpetrator has carried out preparatory activities for the commission of the crime.
So, Mr. Duan sat asleep in the car in the parking space of the community, how to prove that he has the subjective intention of "driving a motor vehicle"? If it cannot be proved, then he has not yet reached the preparatory stage of crime in the sense of criminal law.
Another important factor, though, is location. If Mr. Duan's seizure site is not a parking space in the community but on the side of a public road, combined with his self-certification evidence, it is likely to be another trial result.
05, thinking
Through Mr. Duan's drunk driving incident, people hope that the law enforcement standards and law enforcement standards for drunk driving are becoming more and more objective, unified and accurate. We believe that cases like Mr. Duan's will play a very positive role in promoting strict law enforcement.
Of course, people don't want drunk driving to happen, after all, life is priceless: both their own lives and the lives of others. Stay away from motor vehicles after drinking, if Mr. Duan is dizzy like Mr. Luo in Nanjing and drives the car out, isn't it just as terrible?
Countless times of pain, thousands of times of love, combined into a warm confession: driving without drinking, drinking without driving!
(Quoted from drunk driving poster)